Most people sued by the record industry under the Digital Theft Deterrence and Copyright Act of 1999 have settled out of court. Not Joel Tenenbaum, who is to go on trial in the fall. Sued by five record companies in district court in Boston, the 25-year-old doctoral student is represented by Harvard law professor Charles Nesson, who argues that the law is unconstitutional because it allows for “grossly excessive” awards.

Q: How big a blow was the Justice Department’s March filing arguing that the 1999 law is constitutional?